10 U.S.C. § 9512 — Civil Reserve Air Fleet contracts: payment

Page 3549 TITLE 10—ARMED FORCES § 9512 (12) The term ‘‘Civil Reserve Air Fleet pro- gram’’ means the program developed by the Department of Defense through which the De- partment of Defense augments its airlift capa- bility by use of civil aircraft. (Added Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1125; amended Pub. L. 100–180, div. A, title XII, § 1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 100–456, div. A, title XII, § 1233(k)(2), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–189, div. A, title XVI, § 1636(a), Nov. 29, 1989, 103 Stat. 1609; Pub. L. 103–272, § 5(b)(2), July 5, 1994, 108 Stat. 1373; Pub. L. 103–355, title III, § 3031, Oct. 13, 1994, 108 Stat. 3334; Pub. L. 114–92, div. A, title X, § 1085(b)(3), Nov. 25, 2015, 129 Stat. 1005; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(C), Dec. 23, 2016, 130 Stat. 2419; Pub. L. 117–81, div. A, title X, § 1083(a)(1), (c)(1)(B), Dec. 27, 2021, 135 Stat. 1922, 1923.) Editorial Notes AMENDMENTS 2021—Pars. (7), (9). Pub. L. 117–81, § 1083(c)(1)(B), sub- stituted ‘‘section 9513’’ for ‘‘section 9512’’. Par. (10). Pub. L. 117–81, § 1083(a)(1), amended par. (10) generally. Prior to amendment, par. (10) read as fol- lows: ‘‘The term ‘Secretary’ means the Secretary of the Air Force.’’ 2016—Par. (6). Pub. L. 114–328 substituted ‘‘(50 U.S.C. 4511)’’ for ‘‘(50 U.S.C. App. 2071)’’. 2015—Par. (12). Pub. L. 114–92 added par. (12). 1994—Pub. L. 103–355, § 3031(c), substituted ‘‘In this chapter:’’ for ‘‘In this subchapter:’’ in introductory pro- visions. Par. (1). Pub. L. 103–355, § 3031(b)(1)(C), which directed substitution of ‘‘section 40102 of title 49’’ for ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’, could not be executed because of the intervening amendment by Pub. L. 103–272 which substituted ‘‘sec- tion 40102(a) of title 49’’ for ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’, see below. Pub. L. 103–355, § 3031(b)(1)(A), (B), inserted ‘‘ ‘civil air- craft’,’’ before ‘‘ ‘person’,’’ and substituted ‘‘meanings’’ for ‘‘meaning’’. Pub. L. 103–272 substituted ‘‘section 40102(a) of title 49’’ for ‘‘section 101 of the Federal Aviation Act of 1958 (49 U.S.C. 1301)’’. Par. (6). Pub. L. 103–355, § 3031(b)(2), (3), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: ‘‘The term ‘civil aircraft’ means an aircraft other than a public aircraft.’’ Par. (7). Pub. L. 103–355, § 3031(b)(3), redesignated par. (8) as (7). Former par. (7) redesignated (6). Par. (8). Pub. L. 103–355, § 3031(b)(3), redesignated par. (9) as (8). Former par. (8) redesignated (7). Pub. L. 103–355, § 3031(a)(1), inserted ‘‘under section 9512 of this title’’ after ‘‘and who contracts with the Secretary’’ in subpar. (A) and added subpar. (C). Pars. (9), (10). Pub. L. 103–355, § 3031(b)(3), redesignated pars. (10) and (11) as (9) and (10), respectively. Former par. (9) redesignated (8). Par. (11). Pub. L. 103–355, § 3031(b)(3), (4), redesignated par. (12) as (11), substituted ‘‘compatibility’’ for ‘‘inter- operability’’, and inserted ‘‘an aeromedical aircraft or’’ before ‘‘a cargo-convertible’’. Former par. (11) redesig- nated (10). Par. (12). Pub. L. 103–355, § 3031(b)(3), redesignated par. (12) as (11). 1989—Par. (2). Pub. L. 101–189, § 1636(a)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The term ‘cargo air service’ means the car- riage of property or mail on the main deck of a civil aircraft.’’ Par. (5). Pub. L. 101–189, § 1636(a)(2), amended par. (5) generally. Prior to amendment, par. (5) read as follows: ‘‘The term ‘cargo-convertible feature’ means equip- ment or design features included or incorporated in a passenger aircraft that can readily enable all or sub- stantially all of that aircraft’s main deck to be used for the carriage of property or mail.’’ Par. (8)(A). Pub. L. 101–189, § 1636(a)(3), substituted ‘‘a new or existing aircraft and who contracts with the Secretary to modify that aircraft by including or incor- porating specified defense features’’ for ‘‘a civil aircraft and who contracts with the Secretary of the Air Force to modify that aircraft by including or incorporating cargo-convertible features suitable for defense pur- poses’’. Par. (12). Pub. L. 101–189, § 1636(a)(4), added par. (12). 1988—Par. (1). Pub. L. 100–456 substituted ‘‘The terms’’ for ‘‘The term’’. 1987—Pars. (1) to (11). Pub. L. 100–180 inserted ‘‘The term’’ after each par. designation, and revised first word in quotes in pars. (1) to (6) and (8) to (10) to make initial letter of each word lowercase. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT For effective date and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title. [§ 9511a. Renumbered § 9512] § 9512. Civil Reserve Air Fleet contracts: payment rate (a) AUTHORITY.—The Secretary shall deter- mine a fair and reasonable rate of payment for airlift services provided to the Department of Defense by air carriers who are participants in the Civil Reserve Air Fleet program. (b) REGULATIONS.—The Secretary shall pre- scribe regulations for purposes of subsection (a). The Secretary may exclude from the applica- bility of those regulations any airlift services contract made through the use of competitive procedures. (c) COMMITMENT OF AIRCRAFT AS A BUSINESS FACTOR.—The Secretary may, in determining the quantity of business to be received under an airlift services contract for which the rate of payment is determined in accordance with sub- section (a), use as a factor the relative amount of airlift capability committed by each air car- rier to the Civil Reserve Air Fleet. (d) INAPPLICABLE PROVISIONS OF LAW.—An air- lift services contract for which the rate of pay- ment is determined in accordance with sub- section (a) shall not be subject to the provisions of chapter 271 of this title or to the provisions of subsections (a) and (b) of section 1502 of title 41. (Added Pub. L. 112–81, div. A, title III, § 366(a), Dec. 31, 2011, 125 Stat. 1380, § 9511a; amended Pub. L. 116–283, div. A, title XVIII, § 1831(j)(6), Jan. 1, 2021, 134 Stat. 4217; renumbered § 9512 and amend- ed Pub. L. 117–81, div. A, title X, § 1083(a)(2)(A), (c)(1)(A), Dec. 27, 2021, 135 Stat. 1922, 1923.) Editorial Notes PRIOR PROVISIONS A prior section 9512 was renumbered section 9513 of this title. AMENDMENTS 2021—Pub. L. 117–81 renumbered section 9511a of this title as this section and substituted ‘‘Secretary’’ for ‘‘Secretary of Defense’’ in subsecs. (a) and (b). Page 3550 TITLE 10—ARMED FORCES § 9513 1 See References in Text note below. Subsec. (d). Pub. L. 116–283 substituted ‘‘chapter 271’’ for ‘‘section 2306a’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d)(1) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. INITIAL REGULATIONS Pub. L. 112–81, div. A, title III, § 366(c), Dec. 31, 2011, 125 Stat. 1381, provided that: ‘‘Regulations shall be pre- scribed under section 9511a(b) of title 10, United States Code [now 10 U.S.C. 9512(b)], as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Dec. 31, 2011].’’ § 9513. Contracts for the inclusion or incorpora- tion of defense features (a) AUTHORITY TO CONTRACT.—Subject to the provisions of chapter 137 1 of this title, and to the extent that funds are otherwise available for obligation, the Secretary— (1) may contract with any citizen of the United States for the inclusion or incorpora- tion of defense features in any new or existing aircraft to be owned or controlled by that cit- izen; and (2) may contract with United States aircraft manufacturers for the inclusion or incorpora- tion of defense features in new aircraft to be operated by a United States air carrier. (b) COMMITMENT TO CIVIL RESERVE AIR FLEET.—Each contract entered into under this section shall provide— (1) that any aircraft covered by the contract shall be committed to the Civil Reserve Air Fleet; (2) that, so long as the aircraft is owned or controlled by a contractor, the contractor shall operate the aircraft for the Department of Defense as needed during any activation of the Civil Reserve Air Fleet, notwithstanding any other contract or commitment of that contractor; and (3) that the contractor operating the aircraft for the Department of Defense shall be paid for that operation at fair and reasonable rates. (c) TERMS AND REQUIRED REPAYMENT.—Each contract entered into under subsection (a) shall include a provision that requires the contractor to repay to the United States a percentage (to be established in the contract) of any amount paid by the United States to the contractor under the contract with respect to any aircraft if— (1) the aircraft is destroyed or becomes un- usable, as defined in the contract; (2) the defense features specified in the con- tract are rendered unusable or are removed from the aircraft; (3) control over the aircraft is transferred to any person that is unable or unwilling to as- sume the contractor’s obligations under the contract; or (4) the registration of the aircraft under sec- tion 44103 of title 49 is terminated for any rea- son not beyond the control of the contractor. (d) AUTHORITY TO CONTRACT AND PAY DI- RECTLY.—(1) A contract under subsection (a) for the inclusion or incorporation of defense fea- tures in an aircraft may include a provision au- thorizing the Secretary— (A) to contract, with the concurrence of the contractor, directly with another person for the performance of the work necessary for the inclusion or incorporation of defense features in such aircraft; and (B) to pay such other person directly for such work. (2) A contract entered into pursuant to para- graph (1) may include such specifications for work and equipment as the Secretary considers necessary to meet the needs of the United States. (e) EXCLUSIVITY OF COMMITMENT TO CIVIL RE- SERVE AIR FLEET.—Notwithstanding section 101 of the Defense Production Act of 1950 (50 U.S.C. 4511), each aircraft covered by a contract en- tered into under this section shall be committed exclusively to the Civil Reserve Air Fleet for use by the Department of Defense as needed during any activation of the Civil Reserve Air Fleet un- less the aircraft is released from that use by the Secretary. (Added Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1126, § 9512; amended Pub. L. 98–525, title XIV, § 1405(57), Oct. 19, 1984, 98 Stat. 2626; Pub. L. 101–189, div. A, title XVI, § 1636(b), Nov. 29, 1989, 103 Stat. 1609; Pub. L. 103–272, § 5(b)(3), July 5, 1994, 108 Stat. 1373; Pub. L. 103–355, title III, § 3032(1)–(8), Oct. 13, 1994, 108 Stat. 3334, 3335; Pub. L. 104–106, div. A, title X, § 1087, Feb. 10, 1996, 110 Stat. 458; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(D), Dec. 23, 2016, 130 Stat. 2419; renum- bered § 9513 and amended Pub. L. 117–81, div. A, title X, § 1083(a)(2)(B), (c)(1)(A), Dec. 27, 2021, 135 Stat. 1922, 1923.) Editorial Notes REFERENCES IN TEXT Chapter 137 of this title, referred to in subsec. (a), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in con- junction with the transfer and reorganization of acqui- sition provisions in this title by Pub. L. 116–283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149. For definition of ‘‘chapter 137 legacy provisions’’, see section 3016 of this title. CODIFICATION The text of subsecs. (a) and (b) of prior section 9513 of this title, which were redesignated as subsecs. (b) and (e) of this section by Pub. L. 103–355, § 3032(4), (5), was based on Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1128; amended Pub. L. 101–189, div. A, title XVI, § 1636(c)(1), Nov. 29, 1989, 103 Stat. 1610. PRIOR PROVISIONS A prior section 9513, added Pub. L. 103–355, title III, § 3033(a), Oct. 13, 1994, 108 Stat. 3335, related to use of military installations by Civil Reserve Air Fleet con- tractors, prior to repeal by Pub. L. 113–291, div. A, title X, § 1045(a), Dec. 19, 2014, 128 Stat. 3494. Another prior section 9513, added Pub. L. 97–86, title IX, § 915(2), Dec. 1, 1981, 95 Stat. 1128; amended Pub. L. 101–189, div. A, title XVI, § 1636(c)(1), Nov. 29, 1989, 103 Stat. 1610, directed that each contract under section 9512 of this title be committed to Civil Reserve Air Fleet, prior to amendment by Pub. L. 103–355, § 3032(4),